Dear Friends,
The Asian Human Rights Commission (AHRC) has received information from the Commission for Disappearances and Victims of Violence (KontraS), a prominent, national human rights NGO. It concerns the rape of an underage (minor), a 13 year old girl. Eight people were connected with this action. This includes First Police Brigadier (Briptu) Hery Ismail, a police officer at the Thousand Island’s police resort (Polres Kepulauan Seribu), Jakarta. Briptu Hery’s behavior is wicked. To resolve the problem, he first offered aid to the victim and her family, but then went on and raped the victim after that.
CASE NARRATIVE:
On March 13, 2016 the victim experienced being gang raped by eight people, one of the perpetrators being the victim’s neighbor. After this incident, the victim suffered from trauma and did not want to tell her story because she became pregnant as a result of the rapes. Finally, on July 13, the victim and her family filed a report with the North Jakarta police resort (Polres Jakarta Utara), with the registration report number TBL/884/K/VII/2016/PMJ/RESJU. After the report was filed, the police conducted visum at repertum.
A police investigator came to the victim’s house to start the investigation and record her testimony. At the same time, Briptu Hery Ismail, the victim’s neighbor, offered aid to victim and family. Other police investigators were a witness to this offer. On Friday, November 4, about 09:20 am, Briptu Hery riding a motorbike and wearing his police uniform, invited the victim, convincing her to accompany him to file a report with Polres Jakarta Utara and the National Commission for Child Protection (KPAI). However, Briptu Hery did not bring the victim to Polres Jakarta Utara. He took her to a boarding room in Koja, North Jakarta. He pressured the girl to open her dress and then raped her for the second time. He then dropped the victim off at her home.
When the victim reported the case to the Women and Children Protection (PPA) unit, North Jakarta police resort, the police did not provide access to any psychosocial counseling as mandated by article 69 A, C and D, Law No 35 of 2014 on Children Protection. By law this aid is mandatory for children. Additionally, in this case, the victim is underage, and pregnant due to the rapes, and urgently needs this assistance.
After the victim and her family reported the case to Polres Jakarta Utara, there was no follow-up. The family then filed a report with the Indonesian Child Protection Commission (KPAI) on Thursday September 8, [case registration number 684/KPAI/Pgdn/IX/2016.] KPAI then sent a letter to the police commander of Polres Jakarta Utara, requesting him to investigate the case. So far the case never been investigated.
Even though the first rape case, involving eight people, had been reported to the Polres Jakarta Utara on July 13, none of the perpetrators were summoned. Finally, the police continued the investigation process after KontraS filed a report to the Jakarta Metropolitan Police Office (Polda Metro Jaya).
On November 14, in the second rape case involving Briptu Hery, assisted by KontraS, the victim and her family filed a new report with the PPA unit, Jakarta metropolitan Police Office. The police officers at the Polda Metro Jaya rejected the report saying that there was not enough evidence. But, the police officer said that the report could be processed if the victim produced Briptu Hery’s phone number. After Kontras showed Briptu Hery’s phone number and picture, the police accepted the report with case registration number TBL/XI/2016/PMJ/Dit. They then conducted visum at repertum in the Sukamto police hospital.
Up until now, the police investigator has yet to continue the investigation and none of the perpetrators in the first and second rape cases have been summoned by police. Knowing that the victim filed a report with the police, Briptu Hery still intimidated the victim, destroying the fence around her house. On November 28, the Kontras filed a report (case registration number TBL/ 5861/ XI/ 2016/ ) Dit.Reskrimum.
SUGGESTED ACTION:
Please write to the authorities listed below, asking them to ensure that a comprehensive investigation is undertaken to prosecute all perpetrators including Briptu Hery Ismail. The police must give open access to investigators and ensure that the judicial process will be conducted under fair trial principles. The National Commission for Child Protection (KPAI) and the National Police Commission (Kompolnas) must monitor the investigation process and ensure that the victim receives justice and adequate compensation.
The AHRC will write a separate letter to the Special Rapporteur on the sale of children, child prostitution and child pornography Office of the United Nations High Commissioner for Human Rights (OHCHR) calling for her intervention into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ………………..,
INDONESIA : Underage 13 year old girl raped twice by a police officer of Thousand island’s police resort
Name of victims : Underage girl (13 years old)
Names of alleged perpetrators : First Police Brigadier (Briptu) Hery Ismail, a police officer at the Thousand Island’s police resort (Polres Kepulauan Seribu)
Date of incident : March 13, 2016 and November 4, 2016
Place of incident : North Jakarta City, Indonesia
I am writing to voice my deep concern regarding the rape of an underage (minor), a 13 year old girl. Eight people were connected with this action. This includes First Police Brigadier (Briptu) Hery Ismail, a police officer at the Thousand Island’s police resort (Polres Kepulauan Seribu), Jakarta. Briptu Hery’s behavior is wicked. To resolve the problem, he first offered aid to the victim and her family, but then went on and raped the victim after that.
On March 13, 2016 the victim experienced being gang raped by eight people, one of the perpetrators being the victim’s neighbor. After this incident, the victim suffered from trauma and did not want to tell her story because she became pregnant as a result of the rapes. Finally, on July 13, the victim and her family filed a report with the North Jakarta police resort (Polres Jakarta Utara), with the registration report number TBL/884/K/VII/2016/PMJ/RESJU. After the report was filed, the police conducted visum at repertum.
A police investigator came to the victim’s house to start the investigation and record her testimony. At the same time, Briptu Hery Ismail, the victim’s neighbor, offered aid to victim and family. Other police investigators were a witness to this offer. On Friday, November 4, about 09:20 am, Briptu Hery riding a motorbike and wearing his police uniform, invited the victim, convincing her to accompany him to file a report with Polres Jakarta Utara and the National Commission for Child Protection (KPAI). However, Briptu Hery did not bring the victim to Polres Jakarta Utara. He took her to a boarding room in Koja, North Jakarta. He pressured the girl to open her dress and then raped her for the second time. He then dropped the victim off at her home.
When the victim reported the case to the Women and Children Protection (PPA) unit, North Jakarta police resort, the police did not provide access to any psychosocial counseling as mandated by article 69 A, C and D, Law No 35 of 2014 on Children Protection. By law this aid is mandatory for children. Additionally, in this case, the victim is underage, and pregnant due to the rapes, and urgently needs this assistance.
After the victim and her family reported the case to Polres Jakarta Utara, there was no follow-up. The family then filed a report with the Indonesian Child Protection Commission (KPAI) on Thursday September 8, [case registration number 684/KPAI/Pgdn/IX/2016.] KPAI then sent a letter to the police commander of Polres Jakarta Utara, requesting him to investigate the case. So far the case never been investigated.
Even though the first rape case, involving eight people, had been reported to the Polres Jakarta Utara on July 13, none of the perpetrators were summoned. Finally, the police continued the investigation process after KontraS, a prominent national human rights NGO, filed a report to the Jakarta Metropolitan Police Office (Polda Metro Jaya).
On November 14, in the second rape case involving Briptu Hery, assisted by KontraS, the victim and her family filed a new report with the PPA unit, Jakarta metropolitan Police Office. The police officers at the Polda Metro Jaya rejected the report saying that there was not enough evidence. But, the police officer said that the report could be processed if the victim produced Briptu Hery’s phone number. After Kontras showed Briptu Hery’s phone number and picture, the police accepted the report with case registration number TBL/XI/2016/PMJ/Dit. They then conducted visum at repertum in the Sukamto police hospital.
Up until now, the police investigator has yet to continue the investigation and none of the perpetrators in the first and second rape cases have been summoned by police. Knowing that the victim filed a report with the police, Briptu Hery still intimidated the victim, destroying the fence around her house. On November 28, the Kontras filed a report (case registration number TBL/ 5861/ XI/ 2016/ ) Dit.Reskrimum.
Therefore, I respectfully request that you ensure that a comprehensive investigation is undertaken to prosecute all perpetrators including Briptu Hery Ismail. The police must give open access to investigators and ensure that judicial process will be conducted under fair trial principles. Both, the National Commission for Child Protection (KPAI) and the National Police Commission (Kompolnas) must monitor the investigation process and ensure that the victim receives justice and adequate compensation.
I look forward to your prompt action in this matter.
Yours Sincerely,
……………….
PLEASE SEND YOUR LETTERS TO:
1. Mr. Joko Widodo
President of the Republic of Indonesia
Jl. Veteran No. 16
Jakarta Pusat
INDONESIA
Tel: +62 21 3458 595
Fax: +62 21 3484 4759
E-mail: webmaster@setneg.go.id
2. Mr. Yasonna Laoly
Minister of Law and Human Rights
Jl. HR Rasuna Said Kav. 6–7
Kuningan, Jakarta 12940
INDONESIA
Tel: +62 21 525 3006, 525 3889
Fax: +62 21 525 3095
3. Dr. Mualimin Abdi SH., MH
Director General of Human Rights
Office of the Director General of Human Rights
Jl. HR Rasuna Said Kav. 6–7
Kuningan, Jakarta 12940
INDONESIA
Tel: +62 21 5253006
Fax: +62 21 5253095
4. General Pol. Drs. H.M. Tito Karnavian, M.A., Ph.D
Chief of National Police (KAPOLRI)
Jl. Trunojoyo No. 3 KebayoranBaru, Jakarta Selatan 12110
INDONESIA
Tel: +62 21 384 8537, 726 0306
Fax: +62 21 7220 669
E-mail: info@polri.go.id
5. Ms. Poengky Indarti
Commissioner of the National Police Commission
Jl. Tirtayasa VII No. 20
KebayoranBaru, Jakarta Selatan
INDONESIA
Tel: +62 21 739 2315
Fax: +62 21 739 2352
E-mail: secretariat@kompolnas.go.id, skm@kompolnas.go.id
6. Professor. Amzulian RifaiS.H, LL.M, PhD
Chairperson of Ombudsman of Republic of Indonesia
Jl. HR. Rasuna Said Kav. C-19 Kuningan (GedungPengadilan TIPIKOR) Jakarta Selatan
INDONESIA
Tel: +62 21 52960894/95
Fax: +62 21-52960904/05
7. Dr. HM. Azis Syamsuddin, SH
Chairperson of the Commission III of The House of Representative
KetuaKomisi III DPR RI
Gedung Nusantara II DPR RI, Lt I
JalanJenderalGatotSubroto, Jakarta,
INDONESIA
Telp : +62 21 -5715566, +62 21-5715569, +62 21-5715864
Fax : +62 21 5715566
8. Mr. Abdul Haris Semendawai
Chairperson of the Agency for Victims and Witness Protection
Lembaga Perlindungan Saksi dan Korban (LPSK)
JL. Proklamasi No 56 Jakarta Pusat 10320
Tel: +62 21 31907021
Fax: +62 21 3190606 / +62 21 31927881
9. M. Imdadun Rahmat
Chairperson of the National Commission on Human Rights (Komnas HAM)
Jl. Latuharhary No. 4-B
Jakarta 10310
INDONESIA
Tel: +62 21 392 5227-30
Fax: +62 21 392 5227
E-mail: info@komnas.go.id
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
